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About The DailyDAC Editors

The DailyDAC Editors

The editors and editorial board of DailyDAC include preeminent restructuring and insolvency professionals, journalists, and editors. They are devoted to providing reliable and plain English education and deal intelligence about assignments, corporate bankruptcy, receiverships, out-of-court workouts and similar topics.


Articles by The DailyDAC Editors

CRA is happy to announce that Jonathan E. Groth has been named Director of the Sunshine State.

NOTICE OF SALE PLEASE TAKE NOTICE that on July 28, 2023 at 9:30 am ET, Stephen B. Ravin, Esq., Assignee for the Benefit of Creditors of Brooklyn Born Chocolate LLC (http://www.brooklynbornchocolate.com ) and Theobroma Chocolates LLC,  (“Assignors”) shall move before the Superior Court of New Jersey, Union County, Chancery Division, Probate Part, (the “Court”) for approval of the stalking horse offer of BBC USA LLC., (“Stalking Horse Offer”) OR ANY HIGHER OR BETTER OFFER (the “Sale Hearing”). The Stalking Horse has entered into an Asset Purchase Agreement (“APA”) with the Assignors on or about April 21, 2023. PLEASE TAKE FURTHER NOTICE THAT the Stalking Horse is represented by Chad B. Friedman, Esq. and the Assignors are represented by Dipesh Patel, Esq. PLEASE TAKE FURTHER NOTICE THAT the Stalking Horse Offer is for the purchase of substantially all of the Assignors’ assets, free and clear of liens and claims. Said assets […]

Ordinary asset purchase? Article 9 sale? Bankruptcy acquisition? When buying a distressed business, the type of purchase should be top of mind.

NOTICE OF SECURED PARTY’S PUBLIC SALE OF MEMBERSHIP INTERESTS IN 5901 WEST AVE PROPERTIES, LLC UNDER ARTICLE 9 OF THE UNIFORM COMMERCIAL CODE Underlying Real Property: +/-300,000 SF Office Bldg in North Bergen, NJ Sale to be conducted by: Auction Advisors.  (See: www.AuctionAdvisors.com) PLEASE TAKE NOTICE that on July 27, 2023, starting at 11:00 a.m. Eastern Time, Auction Advisors, as Auctioneer, on behalf of RL West Side NJ LLC, a Florida limited liability company (“Secured Party”), will offer for sale at a public auction under the Uniform Commercial Code, certain limited liability company membership interests in: 5901 West Ave Properties, LLC, a New Jersey limited liability company (“5901 West Ave Properties, LLC”). Ira Russack (“Russack”) is the current owner of 100% of the membership interests in 5901 West Ave Properties, LLC.  To his obligations to Secured Party, Russack pledged to Secured Party a first-priority, perfected security interest in and to […]

AUCTION OF ASSETS OF DEAL GENIUS, LLC Bid Deadline: July 10, 2023, at 5:00 pm Central Daylight Time Deal Genius, LLC (”Deal Genius”), a retailer of consumer goods and other products, has entered an Assignment for the Benefit of Creditors with Moglia Advisors (the “Assignee”). The Assignee is operating the business, primarily on-line and through two leased locations, and will sell the assets (the “Assets”) at public auction in a single lot consisting of, but not limited to, clothes, housewares, tools, lawn and garden goods, toys, trade secrets, trademarks, domains, and copyrightable information. Simultaneously and jointly with the Assignee’s sale of the Assets, the senior secured creditor of Deal Genius will sell its collateral to enable the purchaser of the Assets to acquire them free and clear of liens discharged by such sale under Article 9 of the Uniform Commercial Code. Process Overview The Assignee will provide a form asset […]

NOTICE OF PUBLIC SALE Of all right, title and interest in and to 100% of the limited partnership interests in Hazoor Select, LP (the “Limited Partnership Interests”) owned by Andrew S. Townsend (the “Pledgor”) pledged to Ocelot Tactical Income Master Fund, L.P. (the “Secured Party”).  Please note that this opportunity is for Qualified Purchasers as defined under Section 2(a)(51) of the 1940 Investment Company Act. PLEASE TAKE NOTICE that Bids for the sale are due Friday, July 14th, 2023 by 5pm ET, followed by an auction on Tuesday, July 18th at 9 am ET where the Limited Partner Interests will be sold at public sale (the “Sale”), on the terms set forth below, all right, title, and interest of the Pledgor, whether now owned by Pledgor or hereafter acquired and whether now existing or hereafter coming into existence in the Limited Partnership Interests. At the Sale, the Limited Partnership Interests […]

NOTICE OF 363 BANKRUPTCY SALE INMET Mining, LLC (“Debtor”) filed for chapter 11 bankruptcy relief on April 5, 2023 in the United States Bankruptcy Court for the Eastern District of Kentucky, Case No. 23-70113. The Debtor is selling its mining operations in both Kentucky and Virginia described below in two separate 363-bankruptcy sale auctions on Thursday, July 6, 2023, with any successful bid subject to Bankruptcy Court approval: (1) substantially all of the Debtor’s Assets predominantly located in Kentucky, or a subset thereof, including certain executory contracts and unexpired leases (the “Kentucky Assets”); and (2) all assets of the company located predominantly in Virginia involving the Pigeon Creek Processing Plant and Osaka Mine, including certain executory contracts and unexpired leases (the “Pigeon Creek Assets”). As part of the sale, the Debtor may be seeking to assume certain executory contracts and unexpired leases and establishing cure amounts. Your rights may be […]

NOTIFICATION OF DISPOSITION OF COLLATERAL To:                 Interested Members of the Public From:            BANANA STAND ACQUISITION LLC (“Secured Party”) c/o Levenfeld Pearlstein, LLC, Attorney for the Secured Party Attn: Jamie L. Burns 120 S. Riverside Plaza, 18th Floor Chicago, Illinois 60606 (312) 476-7601 Names of Debtor(s):     TRIPLE AUGHT DESIGN LLC (the “Company”) We will sell the Collateral described below to the highest qualified bidder in public as follows: Day and Date:              July 5, 2023 Time:                             9:00 a.m. CST Place:                           Remote Sale via Zoom www.zoom.us Login: 852 8066 2456 Password: 585306 Collateral: All of the Company’s assets, howsoever arising, wherever located, including but not limited to the following: (1) all Equipment; (2) all Accounts […]

NOTICE OF PUBLIC DISPOSITION (FIRSTIME DESIGN LIMITED, FIRSTIME MANUFACTORY, INC. AND INNERSPACE LUXURY PRODUCTS, LLC) NOTICE IS HEREBY GIVEN that Aequum Capital Financial LLC (“Secured Party”)  will sell substantially all of the assets owned by FirsTime Design Limited, a Wisconsin corporation, FirsTime Manufactory, Inc., a Wisconsin corporation, and InnerSpace Luxury Products, LLC, a Georgia limited liability company (each of and collectively, “Debtor”), at a public disposition to be conducted at 10:30 am (prevailing Central Time) on Thursday June 22, 2023 (as such date and time may be continued from time to time, the “Sale”), in person at Bryan Cave Leighton Paisner LLP, 161 North Clark Street, Suite 4300, Chicago, IL 60601-3315. Pursuant to that certain Credit and Security Agreement dated as of September 23, 2022, by and between Secured Party and Debtor (the “Credit Agreement”), Debtor granted Secured Party a security interest in substantially all of Debtor’s assets (the “Sale […]

AUCTION OF ASSETS OF Confidential Company Offer Deadline                  June 26, 2023, at 5:00 pm Pacific Time. NDA Deadline                  June 14, 2023 Background The Confidential Company is a is a premium furniture rental company. The Company elevates the home furnishing experience for the next generation of professionals through product quality, service level, and sustainability. The Company has two business segments servicing seven metro areas: Direct to Consumer: Its furniture-as-a-service solution focuses on young, successful renters who value a more sustainable and flexible alternative to the hassles of moving, storing and trashing furniture. Business to Business: The Company works with real estate operators to power furnished rental programs, providing a best-in-class, 360o holistic solution across design, operations, installation, technology and financing. The Company is the subject of an assignment for the benefit of creditors. Process Overview The prospective Assignee will provide a form asset purchase agreement (“APA”) to interested parties who […]

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